Boomhower v. New York Central Railroad

The action was brought for personal injuries pursuant to the Federal Employers’ Liability Act (U. S. Code, tit. 45, § 51). The answer, in addition to a general denial, sets forth as an affirmative defense a release executed by the plaintiff on March 30, 1946. The motion for summary judgment was made by the defendant pursuant to subdivision 8 of rule 113 of the Rules of Civil Practice on the ground that the release constituted a defense founded upon facts established prima facie by documentary evidence, thereby making it incumbent upon the plaintiff to show by affidavit or other proof, facts “…